Volume 14, No. 12 | June 9, 2015

eye on ethics

Q. I am aware that it is unethical for attorneys to search for attorney/client privileged communications in the metadata of an electronic document. Does this mean I do not have to worry about embedded metadata when I send a draft document to opposing counsel?

A. No. Lawyers shall take reasonable precautions to prevent the inadvertent disclosure of their client's confidential information. See ER 1.6(e) and Read Op. 07-03.


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member news

Gila County's Presiding Judge Cahill Earns Excellence Award: The State Bar of Arizona's Juvenile Law Section has awarded Gila County Judge Peter Cahill the 2015 "Terry L. Chandler Award for Excellence in the Field of Juvenile Law." More.

In the news

Hastert Pleads Not Guilty to 2 Counts of Fraud Charges in Hush-Money Scandal: Former House speaker J. Dennis Hastert (R-Ill.) pleaded not guilty to two criminal charges in a federal court here Tuesday afternoon, in his first public appearance since being indicted in connection with actions allegedly taken to conceal hush-money payments. More.

Judge Orders Albert Woodfox's Release After Decades in Solitary Confinement: Albert Woodfox, who's spent more than four decades in solitary confinement for a crime he's long argued he didn't commit, might soon set foot outside prison. U.S. District Judge James J. Brady ruled Monday that Woodfox, 68, should be released from prison and should not face a third trial due to "exceptional circumstances," including his age and poor health and the court's "lack of confidence in the state to provide a fair third trial." More.

Obama�Court Shouldn't Have Considered Health Law Challenge: With a crucial legal decision looming, President Barack Obama said Monday the Supreme Court should not even have considered the latest challenge to his signature health care law but he voiced confidence the justices "will play it straight" � and leave the law intact. More.

from the bar

Former White House Counsel John W. Dean to Speak at CLE by the Sea: John W. Dean, former White House Counsel for President Richard Nixon who is notable for his role in the Watergate Scandal, will address CLE by the Sea participants. Dean, along with Jim Robenalt, will be presenting Watergate III: Breaking Rank on Sunday, July 19 at our highly regarded program in San Diego. Regular registration rates have been extended through 5 p.m. on June 19.  Read more about the program and register here.

Less Than Two Weeks Left to Apply for Bar Leadership Institute: The Bar Leadership Institute (BLI) is accepting applications for the 2015-16 class through Friday, June 19. In its ninth year, the BLI is designed to equip Arizona lawyers with the knowledge, skills and connections necessary to serve as leaders in their profession and local communities. For more information about the program or to apply, click here.

Deadline for Public Comments on Candidates For Superior Court Vacancies Due June 11: The Maricopa County Commission on Trial Court Appointments is seeking public input on 15 candidates for three openings on the Maricopa County Superior Court. The candidates are: Michael Anderson, Alison Bachus, Gregory Como, Wendy Coy, Stephen Hopkins, Kerstin G. LeMaire, Edith Lucero, Steven Lynch, Joshua Rogers, Jeffrey Rueter, Aryeh Schwartz, Louis Seletos, Shellie Smith, Ronee K. Steiner and Lisa VandenBerg. More.

Application Deadline for Six Vacancies on the Maricopa County Superior Court is June 16: Applications are being accepted for six vacancies on the Superior Court in Maricopa County created by the retirement of Judges Mark Aceto, A. Craig Blakely, Norman Davis, Bethany Hicks, and Gerald Porter, and the resignation of Hon. Thomas LeClaire. More.

Reserve Your Room Now for the State Bar Convention! Reduced room rate at the Arizona Biltmore Resort & Spa is still available and includes the resort fee. To reserve a room, call 602.954.2567 or email kim.townsend@waldorfastoria.com. Remember to use the code SCOB to guarantee you the best price.

Volunteers Sought for Supreme Court Committees and DNA-People's Legal Services Board: Apply by September 1 to serve on the Court's Committee on Character and Fitness or its Committee on Examinations. The largest Native American legal services program � DNA - seeks a volunteer to serve on its board of directors. For candidate criteria/qualifications and more information click here.

MCAO Notified of Errors in FBI DNA Profile Frequency Data: The Maricopa County Attorney's Office received notice of a recent FBI Bulletin describing an amendment to the 1999 and 2001 FBI Short Tandem Repeats (STR) Population Data due to clerical and transcription errors that occurred during the creation of the original database. This data provides the basis for calculating the frequency that a particular DNA profile would be found within a given population. More.

Is Your Information Correct for This Year's State Bar Directory? It's that time again. We'd like you to review your member record to make sure your information is correct for the next Membership Directory. Not only do we want to make sure we have your correct contact information, but we also want to know what information you'd like published in the directory. You can update your information, and your privacy options, by going to www.azbar.org/UpdateAddress. When you get there, login or register to review your information. Your DEADLINE to make changes for the 2015-16 directory is June 12. After that, we start moving your record to production, with anticipated printing and mailing in late September.

Interested in Public Speaking and Community Outreach? New Adventures in Learning, an arm of Chandler-Gilbert Community College, is looking for attorneys to speak to retired lifelong learners during its fall semester. Topics include the judicial system, estate planning concerns, environmental law, education law, and elder law. Presenters choose the length of the session, number of sessions, date, time, etc. If you're interested, contact Jan Bobbett, Curriculum Chair, at 480.895.9833 or classes@newadventures.info.

Attorney Standards for Parent Representation Take Effect July 1: While representing parents in Arizona juvenile dependency matters is difficult and complex, quality attorney representation can lead to improved opportunities for both parents and children involved in the court process. With the input of professionals and court volunteers, an expert subcommittee of the Arizona Court Improvement Advisory Workgroup developed and submitted to the Arizona Judicial Council (AJC) the Attorney Standards for Parent Representation. The AJC approved the standards and Chief Justice Scott Bales subsequently signed Administrative Order 2015-40, making the new standards effective on July 1, 2015. To view the new standards, visit the Court Improvement website by clicking here.

Financial Tip From John Driscoll & Associates: If you could live better by retiring overseas, would you? Click here for points to consider about this retirement maximization strategy from John Driscoll & Associates, a State Bar Member Discount Provider offering disability income insurance.

Save Up to 25% on Standard Credit Card Processing Fees: If you accept credit cards from clients, save with LawPay, the State Bar Member Discount Provider offering credit card processing exclusively for attorneys. No contract required. LawPay meets the requirements for trust account guidelines. Call 866.376.0950 or visit www.lawpay.com/azbar.

Free Webinars from Clio: Attend Clio's training webinars at no charge; click here for upcoming webinars. Clio is a practice management software specifically designed for small to medium-sized law firms. For a free trial or to take advantage of a 10% lifetime discount on Clio for State Bar members, use promo code AZBAR and click here.

Save on Cell Phone Service, Hotels, Car Rentals and More: Click here to see the 25 companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 4, 2015 - 1 CA-SA 15-0013 - Burch & Cracchiolo, P.A. v. Hon. Robert D. Meyers
Whether a moving party impliedly waives the attorney-client privilege over inadvertently disclosed documents by bringing a motion to disqualify based upon the opposing party's use of those documents in violation of Ethical Rule 4.4.(b) and/or ARCP 26.1(f)(2). Read Opinion.

May 27, 2015 - 2 CA-CR 2014-0274 - State of Arizona v. Jeremy A. Matlock
Whether a registered qualifying patient under the Arizona Medical Marijuana Act (AMMA) is immune from prosecution pursuant to A.R.S. � 36-2811(B)(3) for selling marijuana to another registered qualifying patient. Read Opinion.


9th Circuit Court of Appeals

June 8, 2015 - 14-70657 - Jose Juan Medina-Nu�ez v. Loretta E. Lynch
Petition for review of the Board of Immigration Appeals' denial of his application for cancellation of removal for failure to meet the statutory residency requirement is denied where, in deference in Matter of Reza-Murillo, 25 I. & N. Dec. 296 (BIA 2010), petitioner's acceptance into the Family Unity Program (FUP) did not constitute an admission into the US for purposes of cancellation. Read Opinion.

June 5, 2015 - 14-35296 - K.W. v. Richard Armstrong
In an action to alleging that the budget-decrease notices sent by the Idaho Department of Health and Welfare violated both the Due Process Clause and the fair hearing requirements of the Medicaid Act, the district court's order expanding a preliminary injunction enjoining the Department from decreasing the individual budgets of participants in and applications to Idaho's Developmental Disabilities Waiver program without adequate notice, is affirmed where the court did not abuse its discretion in finding that the plaintiffs were likely to succeed on the merits of their claims under the Due Process Clause and the Medicaid Act. Read Opinion.



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